The poor role of the state in the provision of service in health and medical assistance in diseases of professional origin

Abstract

The purpose of this article is to reflect on the responsibility of the State as a result of the discrepancies that arise when determining the qualification of a contingency or occupational disease from the point of view of its origin, whether occupational or common for purposes of the assumption of the treatment of the patient from the Administrator of Professional Risks (A.R.P) or the respective Health Provider Entity (E.P.S). This situation represents a great difficulty for the patient, since on some occasions the continuous provision of the health service is affected, which brings with it a real loss of opportunity for the patient to achieve stabilization and/or recovery. To address whether this discrepancy between the A.R.P and the E.P.S generates a real affectation within the framework of the social security system contemplated in Law 100 of 1993, three main sections will be addressed, the first relative to the Colombian legal framework of health in the face of a disease professional, the second will develop a jurisprudential analysis of the Constitutional Court regarding the continuity in the provision of health services during the definitive determination of the origin of an occupational disease and finally, the arguments that support the loss of opportunity due to these discrepancies will be presented. by suspending the health service.